REGULATIONS

Vol. 27 Iss. 10 - January 17, 2011

REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

This regulation provides standards to assist officials in determining omissions that are always material and cause an independent candidate petition to be rendered invalid and those omissions that are not material. No substantive changes were made to the regulation since publication of the proposed regulation.

CHAPTER 50 CANDIDATE QUALIFICATION

1VAC20-50-10. (Reserved.)

1VAC20-50-20. Material omissions from candidate petitions.

A. Pursuant to the requirements of § 24.2-506 of the Code of Virginia, a petition page should not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any petition containing such omissions should be rendered invalid if:

1. The petition submitted is not the double-sided, two-page document, or a copy thereof, provided by the State Board of Elections;

2. The petition does not have the name, or some variation of the name, and address of the candidate on the front of the form;

3. The circulator has not signed the petition affidavit and provided his current address;

4. The circulator is not a registered voter or qualified to register and vote for the candidate;

5. The circulator has not signed each petition page he circulated in the presence of a notary;

6. The circulator has not had a notary sign the affidavit for each petition submitted; or

7. Any combination of the scenarios of this subsection exists.

C. If the circulator signs the petition in the "Signature of Registered [ Voters," Voter," ] his signature shall be invalidated but the petition page shall be valid notwithstanding any other error or omission.

D. The petition should not be rendered invalid if:

1. An older version of the petition is used (provided that the information presented complies with current laws, regulations, and guidelines);

2. The "office sought" is omitted;

3. The "congressional district" is omitted;

4. The "election information" including (i) county, city, or town in which the election will be held; (ii) election type; and (iii) date of election are omitted;

5. The name of the candidate and office sought are omitted from the back page of the petition;

6. The circulator has not indicated the county, city, or town of his voter registration or voter eligibility in the affidavit;

7. The circulator has not provided the last four digits of his social security number in the affidavit;

8. The notary has not affixed a photographically reproducible seal; or

9. The notary has not included his registration number and commission expiration date.

NOTICE: The following form used in administering the regulation has been filed by the State Board of Elections. The form is not being published; however, the name of the form is listed below. Online users of this issue of the Virginia Register of Regulations may access the form by clicking on the name of the form. The form is also available for public inspection at the State Board of Elections, 1100 Bank Street, Richmond, Virginia 23219, or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.